Michael Kovatch v. Steven G. Gonzales and Beatrice B. Gonzales

• Court: Court of Appeals of Texas
• Decided: April 15, 1992
• Docket: 03-91-00438-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-91-438-CV

MICHAEL KOVATCH,

APPELLANT

vs.

STEVEN G. GONZALES AND BEATRICE B. GONZALES,

APPELLEES

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT

NO. 90-085-C277, HONORABLE JOHN CARTER, JUDGE

PER CURIAM

This is a dismissal for want of prosecution.

The trial court rendered judgment in the underlying cause on July 2, 1991. A motion for new trial was filed in the court below on July 29, 1991. The record in the above cause was due to be filed in this Court on October 30, 1991. Tex. R. App. P. Ann. 54(a) (Pamph. 1992). This Court granted appellant two motions for extension of time. After granting appellant's second motion for extension of time, the record was due to be filed in this Court no later than March 16, 1992. Tex. R. App. P. Ann. 54(c) (Pamph. 1992). Appellant filed neither the transcript or statement of facts nor a motion for extension of time showing a reasonable explanation of the need for an extension.

If the appellant fails to file either the transcript or the statement of facts within the prescribed time, the appellate court may dismiss the appeal for want of prosecution. Tex. R. App. P. Ann. 54(a) (Pamph. 1992). To date, appellant has filed neither a transcript nor a statement of facts.

Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. Ann. 54(a),(c) (Pamph. 1992); Veale v. Rose, 688 S.W.2d 600 (Tex. App. 1984, writ ref'd n.r.e.).

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed for Want of Prosecution

Filed: April 15, 1992

[Do Not Publish]